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and 118 New York State Reporter held error.-Meuer v. Phenix Nat. Bank (Sup.) / 8 1. Requisites and validity.
| Consent of a bank to transfer of certain § 2. Savings banks.
property to corporation held a sufficient considUnder the by-laws of a savings bank, pay-eration to support notes given by the corporaments to another than the depositor held to re
tion to the bank to retire notes of the translieve the bank from liability.-Kelley v. Buf
ferror held by the bank.-Flour City Nat. falo Sav. Bank (Sup.) 642.
| Bank v. Shire (Sup.) 810. In an action against a savings bank to re- $ 2. Construction and operation. cover deposits, in which defendant alleged that In an action on a note, interest cannot be it had paid after the depositor's death, evi- allowed, in the absence of any promise to pay dence held to show that the bank was not negli- it.-Siff v. Forbes (Sup.) 169. gent in failing to observe the difference between the signature of the depositor and that of the
| $ 3. Negotiability and transfer. person drawing the money.-Kelley V. Buffalo
A draft payable to two payees, who are not Sav. Bank (Sup.) 642.
partners, must bear the indorsement of each
Bank (Sup.) 1001.
$ 4. Rights and liabilities on indorseOf action by former adjudication, see "Judg
ment or transfer. ment," $ 5.
A subsequent indorser's liability to a bona
fide holder is not affected by the fact that such BENEFICIAL ASSOCIATIONS. subsequent indorsement was for accommoda
tion, of which the holder had knowledge.-PackSee "Associations."
ard v. Windholz (Sup.) 666. Building or loan associations, see "Building · Under Negotiable Instruments Law, Laws and Loan Associations.”
1897, p. 734, c. 612, 116, a subsequent indorser of a note held to guaranty the genuineness of a prior forged indorsement, and that the
note was a "valid and subsisting obligation." Acceptance of, as ground of ratification, see
Packard v. Windholz (Sup.) 666. "Principal and Agent," $ 3.
$ 5. Presentment, demand, notice, and
By express provisions of Laws 1897, p. 742.
C. 612, $ 183, notice of dishonor is dispensed See "Wills."
with when, after the exercise of reasonable diligence, it cannot be given to, or does not
reach, the parties sought to be charged.-FouBEST AND SECONDARY EVIDENCE.
seca v. Hartman (Sup.) 131. In civil actions, see "Evidence," $ 3.
Where the holder of a note does not know where the indorser lives, but can ascertain
by reasonable endeavor, in order to hold him BETTING.
liable, he must so ascertain.-Fonseca v. HartSee "Gaming.”
man (Sup.) 131.
Notice of protest held insufficient to bind inBIAS.
dorser, under Laws 1897, pp. 739, 742, c. 612,
$8 160, 179.-Fonseca v. Hartman (Sup.) 131. Of juror, see "Jury,” $ 2.
Under the express provision of Negotiable InOf witness, see "Witnesses," $ 4.
struments Law, Laws 1897, p. 741, c. 612, $
176, where notice of dishonor is duly deposited BIDS.
in the post office, the sender is deemed to have
given due notice, notwithstanding any miscarAt judicial sales, see "Judicial Sales."
riage in the mails.--State Bank v. Soloman
Under Negotiable Instrument Law, Laws See "Pleading," $8 4, 5.
1897, p. 744, c. 612, 88 2, 3, and section 200, subd. 5, relating to discharge of negotiable in
struments, a note held discharged by delivery BILLS AND NOTES.
thereof to the maker upon part payment.
Schwartzman v. Post (Sup.) 922. Authority of agent to execute, see “Principal and Agent," $ 3.
§ 7. Actions. Effect of composition agreement, see "Composi- In case of negotiation of a note in breach of tions with Creditors."
faith, held, that the assignee had the burden of Of corporation, see "Corporations," $ 4.
proving that he was a bona fide purchaser, Parol or extrinsic evidence, see "Evidence," Laws 1897, pp. 732, 733, c. 612, $$ 94, 98.$ 8.
Mitchell v. Baldwin (Sup.) 1043.
1 & 3. Compensation and lien.
A broker may not recover commissions, his See "Threats.”
services being rendered in violation of Pen. Code, $ 610d, because he had no written author
ity to offer the property for sale.-Adler v. BODY EXECUTION.
Schaumberger (Sup.) 235. See "Execution,” $ 3.
A broker cannot recover commissions for the sale of real estate, without proving his written
authority.-Peck v. Antes (Sup.) 252. BONDS.
A broker, selling property of a wife at the in
stance of her husband, who had no written Of liquor dealers, see "Intoxicating Liquors," authority from her, was not entitled to commis$ 2.
sions, under Laws 1901, p. 312, c. 128.-Charles Sureties on bonds, see “Principal and Surety." v. Arthur (Sup.) 284. Bonds in legal proceedings.
In an action by a broker for commission for See “Attachment," $ 3; “Bail"; "Costs," $ 3;
finding a purchaser for a building, held, that a "Criminal Law," $ 4; "Replevin," $ 3.
finding that he was the procuring cause of the
Phinney v. Chesebro (Sup.) 449.
Where a real estate broker is guilty of any
misrepresentation or deception which induces Restraining, see "Injunction,” g 2.
the principal to contract for the sale, he can
not recover commissions.-Whaples v. Fahys BREACH.
Real estate broker held entitled to commisOf condition, see "Insurance," 88 4, 5.
sions under contract to effect exchange of Of contract, see "Contracts," $ 4; "Sales," & 3; property, though exchange was not finally con"Vendor and Purchaser," $ 1.
summated.-Charles v. Cook (Sup.) 867. Of covenant, see “Covenants," 8 2.
Iu an action for broker's services, evidence Of warranty, see "Sales," $8 5, 7.
held to support a judgment for plaintiff.-Sny
dam v. Vogel (Sup.) 915. BRIBERY.
Broker held not entitled to commission for the
sale of a leasehold.-De Zavala v. Royaliner A bribe is the giving or receiving of anything (Sup.) 969. of value, intended to influence one in the dis
| $ 4. Actions for compensation. charge of a legal duty.- People v. Van De Carr
Plaintiff, in an action on an express contract (Sup.) 461.
to pay a certain commission for procuring a Facts held to sufficiently show an offense, un
certain sale, may not recover on proof of a der Pen. Code, & 72, punishing bribery, to war
custom to pay such a commission.-King V. rant an order to answer the charge.-People v.
Hammond (Sup.) 121. Van De Carr (Sup.) 461.
A broker, suing for his commission in procur
ing premises for defendant, held to have the BRIDGES.
burden of establishing the contract sued on and
its performance.-Schatzberg v. Groswirth (Sup.) § 1. Establishment and maintenance. 259.
Joint liability of towns to repair bridge over a stream forming their boundary line deter BUILDING AND LOAN ASSOCIATIONS. mined.-Town of East Fishkill v. Town of Wappinger (Sup.) 1067.
A building association, incorporated under Laws 1851, p. 234, c. 122, is insolvent where it
is unable to repay the contribution of its stockBROKERS.
holders.-People v. New York Building Loan See "Factors"; "Principal and Agent."
Banking Co. (Sup.) 844. Bill of particulars in action for compensation,
Payments on shares of stock of building assosee "Pleading," & 4.
ciation held liabilities, in determining the solv
ency of the association.-People v. New York § 1. Regulation and conduct of business Building Loan Banking Co. (Sup.) 844. in general.
Under Laws 1902, p. 114, c. 60, $ 3, receiver Laws 1901, p. 312, c. 128, declaring it a mis- of building association should convert assets demeanor to sell or exchange property without into cash with reasonable diligence.-People v. written authority from the owner, is constitu- | New York Building Loan Banking Co. (Sup.) tional.-Charles v. Arthur (Sup.) 284.
844. § 2. Employment and authority.
In action by member against building associaWife held to have ratified acts of husband's tion to recover dues, held, that he must show agent in procuring contract for exchange of existence of fund from which they might be property.-Charles v. Cook (Sup.) 867.
withdrawn under the certificate and by-laws.
and 118 New York State Reporter Ronca v. New York Building Loan Banking Co. cient to show that they were damaged while (Sup.) 879.
in possession of the delivering carrier.-Thyll Member of building association. borrowingv. New York & L. B. R. Co. (Sup.) 175. money from it on his stock, cannot escape lia-i Where a shipping contract exempts the carbility on the ground that it could loan only rier from liability for damages by wet, the shipon real estate security.-Coggeshall v. Sussman per must establish that the carrier negligently (Co. Ct.) 1097.
permitted the goods to become wet.—Thylly.
New York & L. B. R. Co. (Sup.) 175.
In an action for damages to goods, evidence
held sufficient to relieve connecting carrier from Injuries from defective construction, see “Neg liability, because the goods were wet when finalligence," $ 1.
ly delivered.—Thyll v. New York & L. B. R.
Co. (Sup.) 175.
A receipt by a carrier for goods in apparent
good condition held to raise no presumption Sale in bulk as ground for arrest, see “Arrest," against the carrier as to their actual condition 8 1.
when received.-Thyll v. New York & L. B.
R. Co. (Sup.) 175.
A receipt given by an employé of a delivery
company held not to constitute the contract. See “Partnership,” 1.
so as to limit the company's liability for loss
of the baggage to the amount stipulated therein. CALENDARS.
-Pompilj v. Manhattan Delivery Co. (Sup.) Of causes for trial, see “Trial,” $ 2.
Defense of lien for storage charges held not available to carrier, in trover for wrongful sale
of goods, under Laws 1899, p. 1294, c. 582, CANCELLATION OF INSTRUMENTS. unless pleaded.--Haebler v. New York Cent. &
H. R. Ř. Co. (Sup.) 509. See "Reformation of Instruments."
Bill of lading held not to render a carrier Cancellation of insurance policy, see "Insur- liable for failure of connecting carrier to propance," $ 3.
erly ice_refrigerator car containing perishable Setting aside fraudulent conveyances, see goods.-Farnsworth v. New York Cent. & H. R. "Fraudulent Conveyances," $ 3.
R. Co. (Sup.) 658.
$ 2. Carriage of passengers. CARGO.
In an action against a street railway for inSee "Shipping."
juries, evidence held to have warranted a find
ing that the striking of plaintiff by defendant's CARNAL KNOWLEDGE.
motorinan was the cause of plaintiff's injuries.
--Moritz v. Interurban St. Ry. Co. (Sup.) 162. See "Rape.”
In an action against a street railway for in
juries, held, that a variance between pleading CARRIERS.
and proof was immaterial.--Moritz v. Interur
ban St. Ry. Co. (Sup.) 162. Harmless error in admission of evidence in ac- A street railway company held liable for act tion for injuries to passenger, see "Appeal,"
of motorman in striking a passenger.-Moritz $ 12. Self-serving declarations as evidence in action
v. Interurban St. Ry. Co. (Sup.) 162. for injuries to goods, see "Evidence," $ 5.
Receipt issued by carrier, limiting liability to
$25 on loss of baggage, held not binding on f 1. Carriage of goods.
the passenger.-Engberman v. North German A public cartman held not entitled to a lien Lloyd S. S. Co. (Sup.) 201. on property in respect to which he had performed no act of carriage.-Taylor v. Smith
Evidence, in an action for injuries sustained (Sup.) 13.
| while attempting to board a street car, held not
to show negligence on the street car company's A public cartman, seeking a lien on property | part.-Meyerowitz v. Interurban St. Ry. Co. under the ordinances of New York City, must (Sup.) 233. convey it to the property clerk of the police
Where a passenger on a sleeping car gave his department, or to a convenient storage warehouse, and not keep it in his own possession.
umbrella to the porter, and it was never returnTaylor v. Smith (Sup.) 13.
ed to him, the negligence of the company was
sufficiently shown.-Irving v. Pullman Co. (Sup. Shipper of package by express held, under 248. the receipt, entitled to recover not more than $50 for loss of the package.-Wilson v. Platt
In an action by a passenger against a street
railway company for personal injuries, held er (Sup.) 143.
ror to refuse to dismiss the complaint after In an action for damages to goods shipped plaintiff's evidence.--Grabenstein v. Metropolifrom a foreign country, evidence held insuffi- 1 tan St. Ry. Co. (Sup.) 261.
In an action by a passenger against a street
CASE ON APPEAL. railway company for personal injuries, held error, on cross-examination, to refuse to permit Making and settlement, see "Appeal," $ 8. him to answer whether he knew that he could not recover judgment if he got off the car while it was in motion.-Grabenstein v. Metropolitan
CAUSA MORTIS. St. Ry. Co. (Sup.) 261.
See “Gifts," $ 2. In an action for injuries to a passenger in a cab, an instruction that the cab driver was
CERTIFICATE. bound to exercise a very high degree of care held proper. Stiner v. Metropolitan St. Ry. Co. Receivers' certificates, see “Railroads," $ 2 (Sup.) 285. Carrier held not entitled to lien on passenger's
CERTIORARI. baggage for unpaid passage money.-Moszkowitz v. International Nav. Co. (Sup.) 297. To review tax assessment, see "Taxation," $ 1.
Negligence of the driver of a horse car held not the proximate cause of an injury to a pas
CHALLENGE. senger by being kicked by one of the horses while the horse was attempting to rise after To juror, see "Jury,” 2. having fallen on the pavement.-Roedecker v. Metropolitan St. Ry. Co. (Sup.) 300.
CHANGE OF VENUE. In an action for injuries to a passenger on a street car, where defendant was composed of Of civil action, see “Venue,” $ 1. two consolidated companies, a variance as to the name of the company on whose line the injury occurred held immaterial.-Powell v. Hud
CHARGE. son Valley Ry. Co. (Sup.) 337.
By carrier, see “Carriers," $ 1. In an action for injuries to a passenger, a va- To jury in civil actions, see “Trial," $ 7. riance as to the act of negligence between the allegations and proof held immaterial.-Powell v. Hudson Valley Ry. Co. (Sup.) 337.
CHARTER. The heating of a plate over a street car wheel Laws impairing obligation, see "Constitutional from friction held to raise the presumption of Law,” g 3. negligence:-Powell v. Hudson Valley Ry. Co. of university, see "Colleges and Universities." (Sup.) 337. Laws 1890, p. 1096, c. 565, $ 39, held not to
CHARTER PARTIES. impose a forfeiture on a railway company making an overcharge through a mistake, made in. See “Shipping," § 1. good faith.-Goodspeed y. Ithaca St. Ry. Co. (Sup.) 383.
CHATTEL MORTGAGES. Evidence, in a suit by a passenger against a street car company for injuries received while Mortgaged goods as subject to execution, see attempting to board a car, held sufficient to "Execution," § 1. take plaintiff's case to the jury on the issues s 1. Removal or transfer of property by
negligence and contributory negligence.Benjamin v. Metropolitan St. Ry. Co. (Sup.)
The measure of damages for conversion by a
third person of mortgaged chattels after the Evidence held to support a judgment for plain- mortgagor is in default held to be the value of tiff for injury received in boarding defendant's the chattels.- Biehler v. Irwin (Sup.) 574. street car.-McGill v. Central Crosstown R. Co. (Sup.) 477.
§ 2. Foreclosure.
A demand on the mortgagee by the mortgagor Evidence held sufficient for the jury to find for the surplus funds arising from a sale held that plaintiff did not use reasonable care in at- not to excuse its retention by mortgagee from tempting to board a street car while the gate a creditor of the mortgagor.---Scherzer v. Muirwas only partly open.-Ganz v. Metropolitan head (Sup.) 159. St. Ry, Co. (Sup.) 579.
Workmen employed by a mortgagor held to Judgment for plaintiff in an action for injury have no claim on the proceeds from sale of the from the starting of a street car while she was mortgaged premises, so that a demand by them alighting held against the weight of evidence.- did not excuse the mortgagee from paying over Clancy y. Yonkers R. Co. (Sup.) 789.
the surplus to another creditor.-Scherzer V.
Muirhead (Sup.) 159. Requested charge, in action against street railroad for personal injuries, held properly re
CHEAT. fused.-Gold v. Dry Dock, E. B. & B. R. Co. (Sup.) 1017.
and 118 New York State Reporter CHECKS.
COLLECTION. See "Banks and Banking," $ 1.
Of costs, see "Costs," $ 7.. Payment by check in satisfaction, see “Accord Of estate of decedent, see "Executors and Ad. and Satisfaction."
ministrators," $ 3.
COLLEGES AND UNIVERSITIES. See "Guardian and Ward"; "Infants."
Power of Columbia University to hold real estate held determined by provisions of charter of
1810, and not by charter of 1754.-Phønix T. CHOSE IN ACTION.
Trustees of Columbia College (Sup.) 897.
Various tracts of real estate owned by ColumAssignment, see "Assignments.”
bia University held not proper for consideration
in computing its right to hold realty under the CITATION.
limitations in its charter of 1810.-Phoenix 5. See “Process."
Trustees of Columbia College (Sup.) 897. CITIES.
See "Public Lands," $ 1.
Carriage of goods and passengers, see "CarEqual protection of laws, see “Constitutional riers"; "Shipping."
Law,' g 5.
To take testimony, see “Depositions."
COMMISSIONS. Mandamus to civil service commissioners, see of agent, see "Principal and Agent,” g 2. "Mandamus," $ 1.
Of broker, see “Brokers," $ 3.
Guardianship of insane persons, see "Insane
Persons," $ 1.
See "Schools and School Districts," $ 1.
For performance of contract, see "Contracts,"
$ 2. COLLATERAL INHERITANCE TAXES. of agent; see “Principal and Agent," $ 2.
Of attorney, see "Attorney and Client,'' $ 4. See "Taxation,” $ 5.
Of attorney on substitution of other counsel, see
"Attorney and Client," $ 2.
Of broker, see "Brokers," $ 3. COLLATERAL UNDERTAKING. | Of corporate officers, see "Corporations," $ 3.
1 of officers in general, see "Officers," $ 1. See "Frauds, Statute of," $ 1.
Tof physician, see "Physicians and Surgeons."